DeMOSS, Circuit Judge:
An insurance company filed this suit for breach of fiduciary duties against its actuary. We hold that the actuary, because of the particular facts of his relationship with the company, was a fiduciary, and that he breached his fiduciary duties to the company. We hold, however, that the district court erred in applying the usurpation of corporate opportunity doctrine to a corporate fiduciary other than an officer, director or major shareholder...
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